7 November 2024
Governor Phil Scott cruised to his fifth term in office with more than 70% of the vote. In the race for Lt. Governor, Republican John Rodgers defeated the incumbent, Progressive/Democrat David Zuckerman.
The election returns the Democrats to power in Montpelier in both the House and the Senate, but without the supermajority they have had for the past two years.
The Democrats lost six seats in the Senate:
The split in the Senate is now 17 Democrats/13 Republicans, which is enough votes to sustain a veto from Governor Scott.
There were also some notable races in the House where the incumbents lost to Republican challengers, including:
This shake-up will impact several key leadership positions in the House and Senate. Already, there is a contested race to be the next Speaker of the House, and this is likely to intensify over the next few weeks.
-Matt Cota, Meadow Hill (VT Lobbyist for NEHPBA)
23 October 2024
[Coverage Developing] Lawmakers will not bring compromise clean energy legislation forward for a vote Monday and are targeting action for later in the week.
House and Senate Democrats announced a deal in principle Thursday on a wide-ranging conference committee bill that had been jammed in tricky negotiations for months, and the Senate clerk's office said just before 10 a.m. Monday that a final version still had not been filed.
Top negotiator Sen. Michael Barrett told the News Service he does not expect the lengthy, complicated bill to emerge for a vote Monday, when both branches will gavel into session at 11 a.m.
The bill is expected to emerge first in the Senate since the Senate initiated the conference committee process.
"The Senate hopes to take up the final document by Thursday at the latest," Barrett said.
It's not clear whether Republicans who opposed earlier versions of the bill will try to delay its advancement, an option available during informal sessions when the branches usually meet without a quorum present.
Senate Republicans Ryan Fattman and Peter Durant as well as 25 House Republicans voted against the underlying bills (S 2838 / H 4884).
Democrats last year showed up for an informal session to create a quorum and overcome Republican opposition to a spending bill.
Legislative leaders have also signaled an openness to suspend the rules and reconvene a formal session on a separate stalled economic development bond bill, and the roll call votes allowed in that setting could also push the clean energy bill forward if that path is chosen.
Chris Lisinski - SHNN
17 October 2024
OCT. 17, 2024.....Another significant piece of legislation is ready to spring from protracted negotiations and onto the House and Senate floors for possible votes before the Nov. 5 elections.
House and Senate Democrats announced a breakthrough Thursday morning on "comprehensive climate and clean energy siting and permitting legislation," calling for a vote soon on a major bill that stumbled at the traditional end of formal legislative business in July.
Rep. Jeff Roy of Franklin and Sen. Michael Barrett of Lexington, the lead negotiators tasked with achieving compromise on wide-reaching bills (S 2838 / H 4884) each branch approved this year, said they were finalizing details and plan to submit a final proposal "in the coming days."
"We are proud to announce that we have reached an agreement in principle that resolves the differences between the House and Senate versions of the comprehensive climate and clean energy siting and permitting legislation," the duo said in a statement. "Massachusetts must continue to be a national leader in the effort to combat climate change, a prerequisite for which will be transitioning to a clean energy economy and creating high-quality jobs in the process."
In separate interviews, both chairs of the Telecommunications, Utilities and Energy Committee described their negotiations as complicated, difficult and exhaustive. But both sang from the same hymn sheet Thursday and described the final product as a "great" bill that includes priorities of each branch -- and one that they think is likely to win the governor's signature as well.
"It comes with the turf," Roy said Thursday about the months of bumpy negotiations to get to Thursday's announcement of an agreement. "I mean, this is probably one of the most complex areas of government today. So I'm not surprised, but I'm glad we're here."
Barrett told the News Service, "Everything that ends well has to be considered worthwhile, and this process was labyrinthine but to a very good end. I think the House gets a lot of what it wants. I know the Senate is very satisfied."
The agreement, which has not yet been filed in actual bill form, revolves around the permitting and siting reform language that Roy, Barrett and the Healey administration previously agreed to, Roy said. Barrett said the conference agreement uses siting and permitting language from the Healey administration as a "base case," but lawmakers made a "few improvements."
There is general agreement among developers and activists that the current process for permitting and siting clean energy projects is too slow and cumbersome, and that changes are necessary if the state is to scale up its clean energy efforts as much as will be required to meet its mid-century net-zero commitment.
After the branches failed to reach agreement at the end of formal sessions, Healey, who did not file her own climate bill, attached siting and permitting reform language her administration drafted to a closeout budget bill in an attempt to renew action on that front.
"Governor Healey is excited that the Legislature has reached an agreement on this critical climate bill that will strengthen Massachusetts' global leadership in creating clean energy jobs and reducing costs," a spokesperson for the governor said Thursday morning. "She looks forward to receiving it."
Barrett said Healey's proposal to tackle just about only permitting and siting through a different bill while he and Roy continued to negotiate a larger energy compromise was "not helpful." He said the lesson from this conference committee is that "the Legislature keeps on working past any interim deadlines it might set for itself."
"It's important for the administration to acknowledge the Legislature gets to 'yes' if left on its own," Barrett said. "I hope that point is not lost on anyone."
Crafting A Compromise
Acknowledging that building out the grid for clean energy will increase electric bills for Massachusetts residents, the Senate included in its energy bill a focus on ramping down natural gas programs as a way to shield ratepayers. While the Senate had to forgo some of its ideas in the compromise, the agreement is expected to amend the regulatory definition of a gas company to allow those utilities to make, sell or distribute network geothermal energy, which could open the door to a shift in business model for some existing gas companies.
Roy said his concern all along was that the Senate's approach "was moving too fast to decommission gas" at a time when 50 to 60 percent of the energy being generated on any given day comes from natural gas supplies.
"Until we had a robust renewable network in place, I didn't think we could rush into that," he said. "Luckily, we reached a compromise that the decommissioning is not going to take place as fast and the Senate did agree to soften the language to give us more time."
Barrett, who has for years argued that it is critical for the state to offset the higher costs of electrification so ratepayers don't rebel against the broader clean energy transition, said he is satisfied that the compromise will still "protect ratepayers on the gas side even as we build out the electric grid."
Roy added, "I ran this all by the unions who are stakeholders in this process and the utilities who are stakeholders in this process. Once we got buy-in from them, we felt comfortable moving forward."
The agreement will also include language related to the procurement of energy storage and an option for purchasing nuclear power from Millstone Nuclear Power Plant in Connecticut or Seabrook Station Nuclear Power Plant in New Hampshire, the senator said. That could be key to a deal Healey has reportedly been discussing with Connecticut Gov. Ned Lamont to get his state to buy into an offshore wind project with Massachusetts. On the offshore wind front, the agreement will give the state the ability to negotiate 30-year contracts for power rather than the current 20-year deals.
Roy described the nuclear power procurement option in the agreement as "a limited one" that allows the administration to coordinate with other states "to enter into contracts to procure clean energy, and we specifically made reference to opening it up to existing nuclear facilities."
Barrett said the agreement is also expected to include "lots of important breakthroughs in terms of outfitting the state with an EV charger network, some very important housekeeping details around heat pumps," and changes to the Massachusetts Port Authority charter that will require the agency to consider reductions in greenhouse gas emissions along with regional economic growth.
The Senate's bid to outlaw the competitive electric supply industry from taking new customers, an idea supported by Attorney General Andrea Campbell, and its attempt to overhaul the state's bottle deposit bill did not survive into the final product.
House-originated language to require the Department of Energy Resources to forecast EV charger demand through 2045 and to create a statewide network for fast-charging hubs will be included, according to Roy, as will language shifting the regulation of EV infrastructure from DOER to the Division of Standards.
And Massachusetts would become the first state in the nation to recognize fusion in its list of RPS Class 1 renewable generation sources. For decades, researchers have been trying to make nuclear fusion a realistic option for carbon-free energy generation and "a major scientific breakthrough decades in the making" in late 2022 has brought it closer to reality. In Devens, Commonwealth Fusion Systems is working on "a compact fusion device that will prove fusion can work as a commercial energy source for the first time in history."
"Us taking that step is a real boost for that industry and I'm happy we're first in the nation on that," Roy said.
Process To Passage
Almost all Republicans voted against the original bills in each chamber, complicating -- but not prohibiting -- the route to final passage during this post-July 31 period of informal sessions when any single lawmaker's objection can stall a bill's movement. Roy and Barrett both said they are talking to the minority leaders in their chambers about advancing their compromise. Roy noted that House Minority Leader Brad Jones is a member of the clean energy conference committee and participated in its discussions and said his conversations with Jones have been about "seeing if it's something he would be comfortable recommending to his members."
"We'll see the response on that. And if that's not done, I think we'll have to just bring in more members to have a quorum on the day we do it," he said.
Informal sessions almost always take place without a quorum (half of the members of a branch plus one) and the method that any lawmaker can use to stop something from advancing is to doubt the presence of a quorum. Last December, House Republicans used that tactic to stall action on a key spending bill that featured funds for emergency family shelter. But after three failed attempts, House leaders got enough Democrats to attend an informal session and were able to pass the bill over the GOP dissent.
Barrett noted that the clean energy compromise will come up first in the Senate and said he hopes the branches can pass the conference agreement onto the governor's desk "relatively soon." He also mentioned the potential for the Senate to call in enough Democrats to constitute a quorum in order to muscle the compromise through over Republican opposition.
"But we will definitely get there," he said, dismissing possible minority party-related delays as temporary.
-END-
SHNS 10/17/2024 statehousenews.com
4 October 2024
The Vermont Public Utility Commission has issued a draft rule for the Clean Heat Standard. Download here.
The PUC's Status Report on the Clean Heat Standard is far more revealing. Download here.
Here are the key takeaways from the Status Report:
"The Clean Heat Standard, as currently conceived, requires substantial additional costs and regulatory complexity above the funding needed to accomplish Vermont’s greenhouse gas emission reduction goals.”
“The Clean Heat Standard would require establishing a credit marketplace managed by what is likely to be a costly credit platform, the potential for fraud and market manipulation, the appointment of new or varied default delivery agents with administrative costs of their own, and the participation and regulatory engagement of hundreds of fuel dealers and other actors.”
“Our work over the past year and a half on the Clean Heat Standard demonstrates that it does not make sense for Vermont, as a lone small state, to develop a clean heat credit market and the associated clean heat credit trading system to register, sell, transfer, and trade credits."
“Because the Clean Heat Standard introduces these additional regulatory hurdles and costs, the Commission is considering other options to achieve Vermont’s greenhouse gas emission reduction goals for the thermal sector.”
Have more questions? Go to CleanHeatVT.com or contact NEHPBA!
Written by NEHPBA lobbyist, Matt Cota (Meadow Hill)
11 September 2024
[Coverage Developing] Gov. Maura Healey filed a supplemental budget bill Wednesday to close the books on fiscal 2024, and also signaled to lawmakers that she is tired of waiting for them to reach compromise on clean energy project siting and permitting reforms.
The closeout budget for the fiscal year that ended June 30 would appropriate $714 million (a net cost to the state of $149 million after offsets) to cover deficiencies. It also puts $590 million towards "the state's future stability" by making deposits into reserve accounts, including by redirecting some capital gains revenues.
The bill additionally includes "several essential and timely provisions related to clean energy siting, permitting and procurement that were the subject of debate in the Legislature as part of a climate bill at the close of formal sessions in July," Healey said in her filing letter.
"While a final bill has not yet reached my desk, these issues remain before a conference committee and I respectfully ask that you consider advancing these items in the coming weeks so that we can capitalize on the potential to grow our clean energy sector and advance our climate goals," the governor wrote to lawmakers.
The House and Senate each passed legislation taking aim at the complicated process to approve clean energy projects and incorporating reforms meant to modernize the electric grid to accommodate more energy from cleaner sources. Both also loaded their bills with their own policy priorities and the sides have been unable to agree on a compromise, even though key House and Senate lawmakers worked with the administration to craft the language around permitting and siting reforms.
Fiscal year 2024 tax collections of $40.8 billion beat fiscal 2023's total by $1.636 billion or 4.2 percent and topped the fiscal 2024 benchmark that was revised downward by $1 billion in January by $967 million or 2.4 percent, the Department of Revenue announced last month. But all of that overage and then some came as a result of the state's new high-earner surtax, leaving a budget gap of $233 million.
Healey said Wednesday she wants to "strategically allocate" $225 million of the excess surtax revenue to support education and transportation initiatives as a way to help close the non-surtax revenue gap. "The supplemental budget will further our efforts to make life more affordable for people in Massachusetts – from child care to school meals to rent – while also advancing our clean energy economy, supporting public health hospitals, and improving our communities’ ability to respond to disasters,” Healey said. “We’re grateful for the Legislature’s partnership to lower costs, grow our economic competitiveness, and ensure a balanced and responsible budget.”
Source: State House News
19 August 2024
Northeast HPBA (NEHPBA) held Lobby Day at the Massachusetts State House in Boston on June 26. They had 14 scheduled meetings and several other impromptu ones! Very effective conversations were had, and it was a GREAT time!
Karen Arpino, Executive Director for NEHPBA, shared, "I want to give a very special "Thank You" to Curtis Ludlow with August West Chimney, Sean and Sandy Rosser, and Josh Coutu with Hearthside Fireplace & Patio, Bruce Keltie with Commonwealth Fireplace & Grill, Karen DiVerdi with Enchanted Fireside, Ken Lemire with East Coast Sales, Shaun Huggins with Ray Murray Inc, Jeff Souther with Northeast Distribution Ltd, Joel Etter with Hearth & Home Technologies, and our lobbying team Ben Josephson and Phil Wettengel with O'Neill & Associates for taking the time out of their busy schedules to participate in this very important work."
Even though there were bills on the floor, many legislators took the time to meet with us - Representative Arena DeRosa, Representative Schmid, Representative O'Day, the Exec Office of Housing & Livable Communities, Senator Cyr's office, Senator Rush, Senator Tarr, Senate President Spilka's office, Senator Moran, Senator Kennedy's office, House Chairman Roy, Representative Howitt, Representative Jones, and Senator Mark's office as well as many others.
"We deeply appreciate and respect the legislators who took the time to meet with us while in session," expressed Arpino.
7 March 2024
Monday:
Tuesday:
21 February 2024
Subject: NEWS RELEASE: NEHPBA named Affiliate of The Year at 2024 Hearth Industry Expo
February 20, 2024
FOR IMMEDIATE RELEASE
NEHPBA is named Affiliate of The Year at the
Hearth, Patio and Barbecue Association’s 2024 Expo
The Northeast Hearth, Patio and Barbecue Association has experienced strong growth while delivering valuable member services like advocacy and government relations workshop.
Previous president of NEHPA, Joel Etter, is named Advocate of The Year.
NASHVILLE, TN – The Northeast Hearth, Patio and Barbecue Association (NEHPBA) was named Affiliate of The Year at the annual Hearth, Patio and Barbecue Association (HPBA) Expo in Nashville, TN. The NEHPBA, which represents seven Northeast states, was recognized for its member service, affiliate growth, and government affairs support during the HPBA awards ceremony in Nashville.
The annual HPBA awards also featured recognition of past NEHPBA president (2019-2022) Joel Etter as Advocate of The Year for his tireless work representing the interests of the hearth industry in the regional group’s member states and in Washington, DC. Etter is Senior Wholesale Account Manager for Hearth & Home Technologies. To members of HPBA and all the affiliates, this is the highest honor and recognition a member could receive.
“It’s a great honor to be recognized by so many peers and colleagues from the entire HPBA membership across the US and Canada,” Etter said. “Our 2024 Expo in Nashville was one of the biggest and best ever.”
The NEHPBA represents more than 250 retailers and service providers that specialize in gas and wood-burning heating appliances, chimneys and hearths, and installation and service. The vast majority of Northeast HPBA members are independent “mom and pop” small businesses that are significant community contributors in the markets they serve across the region.
“These recognitions are a direct reflection of the excellence and commitment to customer satisfaction that our members demonstrate every day, as well as the strong leadership and advocacy of Joel Etter and other Board members,” said Alexis Ellis, Distribution Sales Manager with Napoleon and current President of NEHPBA. “It’s an exciting time for our industry and a time when our members face some unique challenges. This association is absolutely committed to their success and long-term sustainability.”
NEHPBA and the entire industry are working together with regulators, other businesses, trade associations, and consumers to ensure that a range of energy choices continue to be available in the Northeast and across the United States – that include natural gas, propane and oil heat systems as well as wood-burning appliances.
NEHPBA recognizes the changing landscape of the energy and fossil fuel industry. Its members and leadership are committed to working with government officials and regulators at all levels to increase access to more sustainable and climate-centric fuel sources throughout our homes and businesses.
“I don't think there could be any better way to honor what Joel has done for NEHPBA or the industry. I can't think of anyone more well-deserving of this award,” said Karen Arpino, Executive Director of NEHPBA. “Our association continued its strong pace of member growth into 2024 because of the hard work and advocacy from Joel and other leaders, the dedication to excellence from our entire Board of Directors, and the shared positive experiences our tremendous membership has had with NEHPBA.”
About the Northeast Hearth, Patio & Barbecue Association
Since 1985, the Northeast Hearth, Patio & Barbecue Association (NEHPBA) has represented the interests of the hearth industry in the Northeast. NEHPBA was originally incorporated in January 1985 as the Northeast Solid Fuel Alliance (NESFA) in recognition of the unique demands of business in the Northeast. In June of 1992, NESFA members voted to become the first affiliated member of the national Hearth Products Association (HPA) and became the Northeast Hearth Products Association (NEHPA). In 2002, NEHPA became the Northeast Hearth, Patio & Barbecue Association (NEHPBA) in conjunction with the merger of the national HPA with the Barbecue Industry Association to become the Hearth, Patio & Barbecue Association (HPBA), thus recognizing the diversification of the modern industry. The NEHPBA name has remained since 2002.
4 January 2024
And so it has begun. Seven towns out of 10 have been selected by the DOER to begin the Fossil Fuel Free Pilot Program in MA. This is a ban on fossil fuels in New Construction and Significant Remodels. (However, Lexington’s bylaw adoption of the opt-in code does allow for the use of Fossil Fuels in heating and cooking). See the article from State House News below.
Seven Communities Cleared For Fossil-Fuel Free Building Pilot
Arlington, Newton May Join "Leafy Green Suburbs" In Major Experiment
JAN. 4, 2024.....After years of deliberations, negotiations and regulatory rollout -- and some well-publicized "agita" in the corner office -- a septet of Massachusetts cities and towns can now significantly limit the use of fossil fuels in building projects.
The Department of Energy Resources gave seven communities the final green light to begin a groundbreaking experiment: they will require new construction and major renovation to embrace fossil fuel-free infrastructure for uses like heating and cooling.
Acton, Aquinnah, Brookline, Cambridge, Concord, Lincoln and Lexington can now begin enforcing those policies, effectively mandating that most construction or significant renovation projects inside their borders abstain from oil and gas hookups.
Effective dates vary by community. In several cases, the landmark bylaws will take effect within three months, though Lincoln's will not kick in until six months after DOER's approval and Aquinnah's appears to have already started on Jan. 1.
The bylaws themselves also have a few variations across cities and towns, carving out localized exceptions like allowing continued fossil fuel use in restaurant kitchens.
Another two communities, Arlington and Newton, won "conditional project acceptance" from the state. They each have until Feb. 11, 2024 to prove they fulfilled affordable housing requirements in the law creating the pilot program. [Either Northampton or Somerville will more than likely take the 10th spot, the DOER has until March 1 to approve a replacement for West Tisbury].
Read full article here. There are still some moving pieces here. At this time, these are the ONLY 7 towns (out of 10) in MA that have banned fossil fuels and ONLY in new construction and remodels. If you have a permitting problem on retro’s, replacements, or small remodels: get the code reference and the inspector’s name and send the information to me, Karen@nehpba.org.
5 December 2023
Massachusetts, we need all hands-on deck to fight the Clean Heat Standard (CHS) in MA. We urge all companies with storefronts to download this flyer, print it, display it where you receive the most foot traffic and encourage your customers to scan the QR code to send the email when they come in. We can't fight this alone!
12 October 2023
Illegal Ban Could Devastate Businesses, Trigger Higher Prices, and Jeopardize the Electric Grid
Coalition of Businesses and Labor Say “Enough is Enough”
Plaintiffs Support the Transition to Greener Energy – But This Policy Is Tasked to the Federal Government, Not the States
Similar Law Struck Down in Berkeley, California
Albany, New York, (October 12, 2023) --- A coalition representing businesses and workers filed a lawsuit in Federal Court in the Northern District of New York today, accusing New York State of violating federal law by banning gas appliances and infrastructure in new buildings beginning December 31, 2025.
The suit seeks to declare the ban invalid and to block its enforcement on the grounds that it is preempted by federal energy law, the Energy Policy and Conservation Act (EPCA).
The suit is filed on behalf of businesses and workers who will feel the effects of this law. The plaintiffs include: Mulhern Gas Company; Plumbing Contractors Association of Long Island; National Association of Home Builders; New York State Builders Association; National Propane Gas Association; New York Propane Gas Association; Northeast Hearth Patio & Barbecue Association; Holmes Mechanical; Master Plumbers Council of New York; IBEW Local 1049; Plumbers Local 200; IBEW Local 97; and TWU Local 101.
The unintended consequences of this illegal law are widespread and could negatively affect residents and communities from Niagara to Riverhead. Those effects could include:
New York’s gas ban is preempted by federal law, is contrary to the public interest, and harms plaintiffs and the members they represent.
Earlier this year, the U.S. Court of Appeals for the Ninth Circuit in California unanimously struck down a similar gas infrastructure ban in Berkeley, California. The court held that Berkeley’s ban on gas piping concerned the energy use of appliances covered by the federal Energy Policy and Conservation Act and was therefore illegal.
“Our clients are strong supporters of the State’s climate goals, but the ban puts our clients and their members at risk,” said Sarah Jorgensen, counsel for plaintiffs. “A mandate banning gas now is not reasonable or affordable, when New York’s grid is already overburdened. And regardless, New York must comply with the law.” Courtland Reichman, counsel for plaintiffs and RJLF’s Managing Partner, also noted that “a patchwork system for national energy policy is unworkable. Nationally uniform standards on energy use and energy efficiency are the best way to promote conservation goals while ensuring energy security, domestic supply, and consumer choice.”
"Tens of thousands of hard-working people in the national gas industry depend on their jobs. We embrace the goals of the CLCPA, and we support making the changes necessary to combat climate change. As a Business Manager, I am committed to advocating for the hardworking members of IBEW Local 1049. Their unwavering support and trust in me compel me to protect their invaluable jobs tirelessly. I am proud to safeguard their interests with utmost passion and dedication," said Pat Guidice, Business Manager, IBEW Local 1049.
“Hundreds of plumbers on Long Island rely on new construction to feed their families and pay their mortgages. This illegal law has basically ripped the rug out from underneath them. It’s not about ‘what if’ things turn negative. We are already seeing new construction leave Long Island. We are in full support of a green economy, but we should talk about how to transition without ruining lives. Our message to the lawmakers who passed this bill without thinking of our 600 members and their families on Long Island: enough is enough,” said Jimmy Russo, President of the Plumbing Contractors Association of Long Island.
“Local 200 and its members lead Long Island in the installation of cutting-edge gas technologies, including those related to gas installations in homes, hospitals, and commercial facilities. Natural gas is an essential transitional fuel that will help our nation as we move to greener energy sources. Our energy economy is in transition and federal law has set the standards that are guiding our industry. New York’s gas ban will unnecessarily hurt New York workers by removing our members’ jobs at time when we are already leading the nation in the expansion of alternative energy for New York residents. Local 200 stands with our members and joins this action to ensure the energy transition is completed via a unified national program and not an ad-hoc, state-by-state basis,” said Richard Brooks, Business Manager, Plumbers Local Union No. 200.
“There won’t be a ‘just transition’ to a greener economy for NYC’s blue-collar utility workers if this rushed ban on gas appliances and service goes into effect. New York will be destroying good union jobs that sustain working families in neighborhoods across the outer boroughs today and will be needed to sustain them the future. And the truth is New York’s electrical grid is not even close to being prepared for this forced changeover to an all electric NYC and state. Until the grid has the capacity to run an all-electric New York, this is simply not good policy. In fact, it is a betrayal of working New Yorkers,” said Constance Bradley, President, TWU Local 101.
“My family has worked for the people of the Hudson Valley for over a century. We have worked in blizzards, heatwaves, and tropical storms to deliver, install, and service propane equipment. Now, we have no idea what the future holds. We agree that a greener economy is necessary, but we must figure out how to implement a smooth transition that does not unnecessarily raise costs and impose burdens on families,” said Rick Cummings from Mulhern Gas Co.
The case is Mulhern Gas Co. v. Rodriguez in the United States District Court for the Northern District of New York.
About Reichman Jorgensen Lehman & Feldberg LLP
Reichman Jorgensen Lehman & Feldberg LLP (RJLF) is an elite national trial firm that handles high-stakes commercial litigation, intellectual property, climate change litigation, and white collar disputes. From offices in Silicon Valley, New York, Washington, D.C., Austin, and Atlanta, the firm tries cases and argues appeals throughout the country. For more information, visit www.reichmanjorgensen.com.
28 August 2023
Presently, under the direction of MA Governor Healy, the Mass DEP is drafting a Clean Heat Standard which does NOT have to go through the state legislature to be implemented in 2024. This Clean Heat Standard will tax fuel dealers (including many hearth, and all propane and local oil dealers) on their GHG emissions. Take action now so you can have a voice in this decision.
The Clean Heat Standard (CHS) from the Massachusetts Department of Environmental Protection (DEP) would require heating energy suppliers to replace fossil heating fuels with electric heat pumps over time by implementing a tax on liquid fuel dealers (including renewable blends) and forcing them to purchase credits for GHG emissions; this is a tax on fossil fuels. The CHS plan does not have to go through the MA legislature, and it will increase your utility bill, while phasing out all liquid fuel, hearth products, heating, and water systems from the market!
Constituents need to have a voice in a decision of this importance, or the DEP can approve this plan for implementation in 2024 without a vote!
Take action now! Please send a letter to Governor Healy and your Massachusetts legislators urging them to take this out of the hands of the DEP and put this decision into the hands of the voters. A decision of this magnitude should not be decided by MassDEP alone. Deadline for comments is September, 1, 2023.
17 August 2023
Below is a short video update from HPBA's Government Affairs team about the Notice of Intent from 10 state Attorneys General to file a timeline suit regarding EPA's Wood Heater NSPS:
11 July 2023
Watch a quick, fantastic recap of the NEHPBA event, "Stoke the Fire: Aligning with Purpose!" Thank you all for joining us!
Be sure to save the date for next year, May 6 &7, 2024 (Golf on May 5)! Ryan Hall from Winston's Chimney will be our Keynote Speaker!
16 June 2023
Just last week, the industry as a whole found out about a standing pilot rule in New York, yesterday we found out about a similar rule in Rhode Island. Manufacturers are working on this and putting together a communication to be sent to you.
New York:
In 2022, NYSERDA adopted a rule for Standing Pilots which goes into effect on June 26, 2023.*
If a fireplace manufactured after June 26th has a continuous pilot (or the ability to be switched to a continuous pilot, e.g., CPI or cold climate function), it cannot be sold. If the product is IPI or On-Demand – or the product with continuous pilot was manufactured before June 26, 2023 – you can still sell it.
Again, your product inventory that you have now and any appliance manufactured before June 26, IS safe to sell at any point.
This only affects those units manufactured AFTER 6/26/23.
Direct vent heaters and decorative fireplaces, inserts and stoves with the up to seven days On-Demand/timed pilots and IPI controls are fine.
These are the main points:
(1) Gas fireplaces shall comply with the following requirements:
(i) Gas fireplaces shall be capable of automatically extinguishing any pilot flame when the main gas burner flame is established and when it is extinguished;
(ii) Gas fireplaces must prevent any ignition source for the main gas burner flame from operating continuously for more than seven days;
(iii) Decorative gas fireplaces must have a direct vent configuration, unless marked for replacement use only; and,
(iv) Heating gas fireplaces shall have a fireplace efficiency greater than or equal to 50% when tested in accordance with CSA P.4.1-15,” Testing Method for Measuring Annual Fireplace Efficiency
The rules for each state are the same, except for one difference in RI.
Rhode Island:
The state’s previous appliance standards from 2005 were recently updated as of January 1, 2023. The requirements are the same as in New York.
Compliance for Distributors, Dealers, and Installers:
To comply with the New York State Appliance and Equipment Efficiency Standards, distributors, retailers, and installers must verify that regulated products are listed in the appropriate database prior to sale, lease, rental, or installation.
SASD Verification Process for Distributors, Dealers, and Installers:
Verification must be confirmed using the SASD Data base.
If the product you’re verifying compliance for cannot be identified, download the search results for a single product category using the Export Products button. Use the Excel search function ‘Find’ to search for the model number you are verifying.
Enforcement:
Distributors:
Your manufacturers have been informed and have begun the certification process. Please reach out to your manufacturers with any questions about certification, product verification, or for more information.
Please let me know if you have any questions.
9 May 2023
First, the situation we were facing…..
In 2019, New York passed the Climate Leadership and Community Protection Act. This law set the bar for reducing GHG emissions, 40% of 1990 levels by 2030 and 85% by 2050. To achieve these goals, the governor and the legislators would need to implement and fund the action to get to these goals. There were many initiatives, but the ones proposed that would affect us were the following:
The final decisions on these proposals and the funding needed to implement these initiatives needed to be in the budget. The budget was negotiated, and the final decisions were passed on Tuesday evening. The NEHPBA government affairs team has been actively working at the capitol since January to help affect the initiatives hoping for something more workable for the hearth industry in New York as well as New Yorkers in general. Just like Washington, both sides were far to the extremes and very little desire to meet in the middle.
So, what happened?
We had a small win on the gas ban in new construction. We got a 1-year reprieve. Instead of starting the gas ban for new construction on January 1, 2025, it now starts 1 year later January 1, 2026. Not really a win but we will take anything we can get. This gives us more time, and the governor is up for election in 2026.
The better win is on the 2030 initiative that would have banned the sale of gas equipment completely in 2030. This did not happen, and gas equipment sales will continue beyond 2030. Now is no time for complacency, believe me, the progressives are not going to settle for this, and they will keep pushing for a total ban. We need to keep up the fight. In fact, we need to do much more going forward.
NEHPBA is developing our strategy going forward which must include every stakeholder joining in the fight.
There was another bill in the legislature early this year, the All-Electric Buildings Act, which was far more aggressive. NEHPBA sent over 7,600 letters in opposition and was able to get this bill tabled for this session.
The original Fossil Fuel Ban language in the budget was also far more aggressive than what the Assembly and Senate settled on in the final budget vote. We also have hope that the recent 9th Circuit Federal Court decision that overturned the Berkley, CA gas ban may be of help in New York as well.
NEHPBA has been actively participating in this process.
Since late January, Wayne Stritsman (Best Fire & Patio), has been working at the State Capitol talking with legislators, and this week Wayne, Joel Etter (HHT), Andrew Hasek (HHT) and I (NEHPBA), spent two days at the Albany State House meeting with legislators there as well as at dealer locations. We met with five legislative offices, both Assembly and Senate, on both sides of the aisle. We were very well received and had some great conversations.
What came out of the meetings?
We have a long way to go, but it remains that remodels and retrofits were left out of the gas ban language and all the legislators we met with were instrumental in the watered down, new language.
NEHPBA NY members, now is the time to keep your foot on the gas. If it hasn’t been on the gas, now is the time. NEHPBA is remaining vigilant in our determination to be part of this conversation in NY, and we’ve made a great start. There is an election next year in both the Assembly and the House. Term limits work when elections work properly-if people vote. The electorate in NY will be outraged at this legislation and the two bills we plan on writing will allow the New York legislators to back into this mess they’ve made. This gas ban was largely optics, New York progressives were anxious to be “The First State in the Nation” to legislatively ban natural gas, and they did that in form, not function.
Please participate in the NEHPBA Calls-to-Action, both in support of and in opposition to upcoming legislation. Share those Calls-to-Action with your circles.
Feel free to contact me with any questions at all.
Hope to see you all in June!
See all the pictures, and other advocacy efforts on the NEHPBA Facebook Page!
2 May 2023
ELFA PART RR
Statement:
Part RR prohibits the installation of fossil-fuel equipment and building systems in buildings less than seven stories after 12/31/2025, and all new buildings, regardless of height, after 12/31/2028. Existing buildings built before these dates would be able to make repairs of fossil-fuel equipment. Several exempted building-types are enumerated.
Notes:
•EXEMPTIONS
20 April 2023
A Maine jury ruled Thursday that construction can proceed on a transmission line that will carry clean, hydropower from Quebec to Massachusetts — bolstering the efforts to shift its electricity consumption away from carbon-emitting fossil fuels.
The decision in favor of Avangrid, the Connecticut company building the transmission line, follows a 2021 ballot initiative in Maine, which sought to terminate the $1 billion project and won the support of a majority of voters.
The state’s Supreme Court later ruled that the initiative might have violated Avangrid’s rights because the company had already invested $450 million in the project after it was approved by Maine regulators.
The jury decided that Avangrid had proceeded with the construction in good faith based on Maine’s approval of the project and that the company did not accelerate construction for the express purpose of claiming in court that its rights had been violated.
Construction on the 145-mile transmission line is now expected to proceed, although Maine officials may appeal the jury’s decision. Avangrid is building the line, known as the New England Clean Energy Connect, under a subsidiary called Central Maine Power.
The trial, held in business court in Portland, was the latest flashpoint in a years-long saga that began in 2018. That’s when the administration of former Governor Charlie Baker and Eversource — the utility company originally tasked with building the transmission line — sought to run the line through the White Mountains of New Hampshire.
But New Hampshire regulators struck down that project so officials pursued an alternate route through Maine with a new partner, Central Maine Power.
After the Maine project received approval from regulators, Central Maine Power started building. By the time the ballot initiative passed, much of the work on the line had already been completed.
The ballot initiative was supported by an unlikely combination of environmental groups, including the Natural Resources Council of Maine and energy companies with substantial natural gas interests.
Ari Peskoe, director of the Electricity Law Initiative at Harvard Law School, said the transmission line is expected to reduce energy prices across New England, leading current operators to oppose the project.
“That existing asset owners will oppose new entry [into the market] is not surprising,” he said.
A spokesperson for the Natural Resources Council of Maine said, “We are disappointed in today’s outcome and remain sharply focused on achieving a just and equitable clean energy future that works for all Mainers.”
This story will be updated.
By Mike Damiano Globe Staff,Updated April 20, 2023
Boston Globe
28 February 2023
Wayne Stritsman, Founder of family-operated business Best Fire Hearth & Patio in 1977, speaks about New York's energy plans alongside Republican Senators, who today unveiled a package of smart energy policies to pursue a cleaner energy future. The plan puts affordability and reliability first for New York ratepayers, in sharp contrast to some of the radical proposals coming out of Albany.
Thank you Wayne, NEHPBA member!
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